Richmond Municipal Code Ch. 2.16 Elections

Every candidate for the office of Mayor or City Councilman shall, at the time of filing his petition for nomination, pay to the City Clerk the filing fee specified in the City Charter.

Notwithstanding the provisions of the paragraph above, any candidate who is financially unable to pay the filing fee may submit a petition containing signatures of registered voters in lieu of the filing fee. The City Clerk shall furnish an in-lieu petition for securing signatures to any indigent candidate upon request; provided, that such candidate completes an affidavit, supplied by the City Clerk, certifying under penalty of perjury that he is financially unable to pay the filing fee. The substitution of signatures for fees shall be subject to the following provisions:

(1) The in-lieu petition shall contain four signatures of registered voters for each dollar of filing fee.

(2) Any registered voter who is eligible to vote for a candidate for Mayor or City Councilman may sign an in-lieu petition.

(3) A registered voter may sign both a candidate's nomination papers and his in-lieu petition, but the signatures appearing on the candidate's in-lieu petition shall not count toward the number of signatures required to be submitted on the nomination papers.

(4) If a voter signs more candidates' in-lieu petitions than there are offices to be filled, the voter's signatures shall be valid only on those petitions which, taken in the order they were filed, do not exceed the number of offices to be filled.

(5) In-lieu petitions shall be filed with the City Clerk at the same time the nomination papers are filed. After the signatures on an in-lieu petition have been verified, the City Clerk shall immediately notify the candidate of any deficiency. The candidate may submit a supplemental petition with the necessary number of valid signatures at any time prior to the close of the nomination period.

(6) A candidate may submit a greater number of signatures to allow for subsequent losses due to invalidity of some signatures, but the validity of a greater number of signatures than that required by subsection (1), above, shall not be determined.

(Added by Ordinance No. 6-81 N.S.)

The City Clerk shall count the votes cast by absent voters as soon as the polls close on the day of the election, and the count shall continue, for not less than six hours each day providing ballots remain to be counted, until all absent voter ballots have been received within the time provided by the California Elections Code. The results of the absent vote count shall be included with the canvass of the returns from the precincts.

The City Clerk shall canvass all returns on the day immediately following the day of the municipal election and shall certify the results to the City Council.

At the next meeting of the City Council following the date of the canvass by the City Clerk, the City Council shall pass a resolution reciting the fact of the election and such other matters as are enumerated in Section 2.16.030.

As soon as the results of the election are declared, the City Clerk shall enter on the record the statement of the results. The statement shall show: (a) the whole number of votes cast in the city; (b) the names of the persons voted for; (c) the measures voted upon; (d) for what office each person was voted for; (e) the number of votes given at each precinct to each person and for and against each measure; and (f) the number of votes given in the city to each person and for and against each measure.

After the passage by the City Council of the resolution declaring the results of the election, the City Clerk shall sign and deliver to each person elected a certificate of election and shall administer to each person elected the oath of office as prescribed in the State Constitution.

(Source: Ordinance No. 5-81 N.S.)

Six City Council districts are hereby established in the city. The boundaries and identifying number of each district shall be as described on the official "Council District Map" on file in the Office of the City Clerk as adopted by Ordinance No. 06-22 and Resolution No. 49-22.

(Ord. No. 06-22 N.S., § 3, 4-26-2022)

Editor's note— Ord. No. 06-22 N.S., § 3, adopted April 26, 2022, amended the Code by, in effect, repealing former § 2.16.050, and adding a new § 2.16.050. Former § 2.16.050 pertained to City Council election districts and sequencing, and derived from Ord. No. 04-20 N.S., adopted January 21, 2020.

Editor's note— Ord. No. 04-20 N.S., § 2, adopted Jan. 21, 2020, repealed the former § 2.16.050, and enacted a new § 2.16.050 as set out herein. The former § 2.16.050 pertained to similar subject matter and derived from Ord. No. 03-20 N.S., § 3, Jan. 14, 2020.

(a) City Council.

(1) Commencing with the City's regular election in 2020, any candidate for the City Council must reside in, and be a registered voter of, the district which he or she seeks to represent and shall maintain status as a registered voter there during his or her service on the Council. Unless applicable law otherwise requires, to be eligible for office, a candidate must be such a resident and registered voter of the district at the time nomination papers are issued to the candidate as provided in Elections Code section 10227.

(2) If a City Council member elected by district ceases to be a registered voter in that district, that fact creates a vacancy unless he or she obtains another domicile within the district within 30 days after cessation of residency. Any vacancy arising for that reason, or otherwise under Government Code Section 1770 or other applicable law, must be filled pursuant to Section 2.16.090 of this Code and Section 10 of Article III of the City Charter by the remaining members of the City Council appointing a qualified resident and registered voter of the district to which the vacancy pertains.

(b) Mayor. Qualifications for and vacancies in the office of Mayor are governed by Article III, Sections 3 and 5 of the City Charter.

(Ord. No. 04-20 N.S., § 3, 1-21-2020)

Editor's note— Ord. No. 04-20 N.S., § 3, adopted Jan. 21, 2020, repealed the former § 2.16.060, and enacted a new § 2.16.050 as set out herein. The former § 2.16.060 pertained to similar subject matter and derived from Ord. No. 03-20 N.S., § 4, Jan. 14, 2020.

The City Clerk shall refer all city of Richmond measures that qualify for a place on the ballot to the finance director of the city. The finance director shall determine whether, in his opinion, the adoption of the measure will increase or decrease the cost of city government or the city tax rate, and he shall prepare an impartial analysis of the measure covering its financial impact upon the city government. The financial analysis shall be printed preceding the arguments for and against the measure, and shall not exceed five hundred words in length.

(Added by Ordinance No. 12-80 N.S.)

(a) Each candidate for elective office may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief statement of no more than two hundred words of the candidate's education and qualifications expressed by the candidate, a 2½ inch by 3½ inch photograph (black and white of passport quality) of the candidate taken within the past year, and signature line. Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until five p.m. on the next working day after the close of the nomination period.

(b) The City Clerk shall send to each voter with the sample ballot a voter's pamphlet which contains the statement of each candidate in English. Those candidates who have requested that their statements be translated into Spanish shall also have the Spanish translation of their statements sent to each voter.

(c) The City Clerk shall estimate the total cost of printing, handling, translating and mailing candidate's statements. Each candidate filing a candidate's statement shall deposit with the City Clerk at the time of filing the nomination papers his or her pro rata share of said estimated cost of printing, handling, translating and mailing the candidate's statements. After the period for filing nomination papers has expired, the City Clerk shall determine the actual cost of printing, handling, translating and mailing the candidate's statements. In the event of an overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty days of election. In the event of an underpayment, the City Clerk shall prorate the deficit amount among the candidates and bill the candidates for the amount. Payment shall be made by the candidate within ten days after demand for such payment by the City Clerk.

(Ordinance No. 3-83 N.S. amended by Ordinance No. 3-85 N.S.)

Whenever a vacancy occurs on the City Council, the City Council shall abide by the following procedure for the filling of the vacancy:

(1) Once a vacancy has occurred, the City Council shall announce that a vacancy has arisen; specify the date that the City Council shall hold a public meeting to fill the vacancy; and specify the date on which persons interested in filling the vacancy shall be required to file a statement of interest;

(2) Every person who is interested in filling the vacancy shall be required to file a candidate's statement as set forth in Section 2.16.080(a), but without payment of any fee;

(3) The City Clerk shall distribute the candidates' statements to the City Council and shall make the statements available to the public;

(4) At the meeting designated by the City Council for filling the vacancy, the City Council shall call forward, by last name alphabetical order, each candidate to make a public statement not exceeding eight (8) minutes in length concerning their interest in the position and the qualification for the position that said candidate possesses;

(5) After the candidate has made his or her public statement of interest in, and qualifications for, the position, each City Councilmember shall be allowed to publicly interview and question the candidate as to said candidate's interest and qualifications;

(6) After all the candidates have been allowed to make their statements, and after each of the candidates has been interviewed by the City Council, the City Council shall allow the public to make public comments pursuant to the procedure set forth in the Council Rules and Procedures for commenting upon a City Council agenda item;

(7) After the public has been given an opportunity to make comments, each Councilmember shall be allowed an opportunity to comment upon the candidate's statements and qualifications. Each candidate shall be allowed a two (2) minute rebuttal;

(8) After each Councilmember has been afforded an opportunity to speak concerning the candidates' qualifications, the Mayor shall entertain motions for the appointment of individual candidates for the vacancy;

(9) After a motion has been made and seconded, the motion shall be voted on by the City Council;

(10) The City Council will continue to entertain and vote on motions for appointments until a candidate obtains a majority vote in favor of his or her appointment;

(11) Once a candidate has obtained a majority vote, the appointment voting process comes to an end and the Mayor shall announce the date when the new Councilmember will be sworn in, but in no event shall the swearing in occur later than the next regularly scheduled City Council meeting;

(12) If no candidate obtains a majority vote, the City Council may reopen the appointment process to all interested electors provided that the process does not go beyond the time limit set forth in Article III, Section 10 of the City Charter.

(Added by Ordinance No. 8-07 N.S.)